Now
Fair
27°
High
32°
Low
16°
Full Forecast

Jobs

Cars

Homes

Rentals

Alerts

Subscribe
Home > News > Local
Bookmark Us   •   Make Us Your Homepage

Jury: Stella man not guilty

Comments 11 comment(s)  
E-mail Story E-mail Story
Print Story Print Story
Share  Share
Text Size: 
Tools Sponsor

BY JOE DUGGAN / Lincoln Journal Star

Saturday, Apr 21, 2007 - 04:47:34 pm CDT

FALLS CITY — Richardson County District Court jurors found Dennis L. Lockard not guilty of second-degree murder Saturday morning in the Aug. 18 death of James Nutile, 32, of Humboldt.

Lockard embraced his attorney, James Martin Davis, of Omaha, after the verdict was read at 10:53 but then left the courthouse without comment.

The case went to the jury of seven men and five women on Friday,  after a week-long trial. 

Story Photo
Dennis Lockard

Lockard, 39, of Stella, faced charges of second-degree murder and use of a firearm to commit a felony. He was found not guilty on both.

In closing arguments, defense attorney James Martin Davis said his client obeyed one of the oldest laws in human history: the law of self-preservation. Lockard testified during the trial that after he fired a warning shot meant to stop a fight between Nutile and another man, Nutile rushed Lockard, grabbing him with one hand while "slashing" him with the other. As Lockard fell, he felt he was being stabbed, Davis said.

Assistant Nebraska Attorney General Corey O'Brien, who helped prosecute the case, said Lockard could have chosen many options that would have left Nutile alive. Instead, he introduced a gun into a fistfight, making a volatile situation worse.

What was not disputed was that Nutile was partying with friends outside a house on Main Street in Stella while Lockard was visiting his parents next door. Nutile got in a fight with one of his friends, and Lockard tried to break it up by firing a warning shot with a .40-caliber handgun.

After the warning shot, Nutile rushed Lockard and knocked him down. Lockard fired two more shots from the gun, both of which struck Nutile in the chest.

One major dispute involves Nutile's position after he pushed Lockard. Four eyewitnesses to the shooting, who testified for the prosecution, said Nutile was standing when the bullets hit him. Lockard and his 19-year-old son, who also witnessed the shooting, both testified that Nutile was on top of Lockard.

A pathologist's testimony seemed to support Lockard's version because gunpowder residue recovered from Nutile's shirt showed that one of the fatal shots was fired from no farther than a foot away. Tests couldn't determine the distance from the other shot.

Jurors also heard from Terry Davis, a forensic psychiatrist from Omaha, who said enough methamphetamine was present in Nutile's blood to say with certainty the drug was having an effect on him. People on meth can be violent, aggressive, psychotic, anxious and delusional, among other behaviors, the psychiatrist said.

During his closing statement, Davis, the defense attorney Lockard hired from Omaha, said the prosecution had twisted the facts of the case to make a drug-crazed ex-convict the victim and a good Samaritan the criminal. Lockard fired the warning shot to stop the savage beating of another man, Davis said. He was expecting it would make Nutile leave, but instead Nutile did the unreasonable thing and attacked Lockard.

Davis added that prosecutors never proved Lockard intended to kill Nutile, an element of second-degree murder. During his testimony, Lockard said repeatedly he did not want to kill Nutile.

Davis had urged jurors to resist the prevailing opinions of a modern society that blame people who defend themselves with firearms.

"It's sad, this political correctness," he said. "How times have changed. We no longer admire the self-reliant man."

During his closing arguments, the prosecutor said by law, a person can't provoke another into an attack for the purposes of killing him. That's exactly what Lockard did, said O'Brien. He gave an analogy of a dangerous pit bull behind a fence.

"We go up and shake a stick at him; what's going to happen?" O'Brien asked. "Mr. Lockard knew exactly what was going to happen when he pulled out the gun. It was as if he was saying, 'Let's see how tough you are now, Mr. Nutile.'"

 The judge gave jurors written instructions to help in their deliberations, telling them they had the option of finding Lockard guilty of manslaughter if they did not convict him of second-degree murder.

Second-degree murder is a homicide that is intentional but without premeditation. Man-slaughter involves causing another's death unintentionally while committing an unlawful act, or causing an intentional death during a "sudden quarrel."

The instructions also specified the legal elements of self-defense. To find that Lockard acted in self-defense, the jurors were told they must find his life was in danger, that he didn't provoke the danger by his own actions, that he had no way to leave the dangerous situation and that he had to act immediately to prevent his own death or serious injury.

At one point in deliberations Friday, jurors asked a question about self-defense. The judge told them to refer to the written instructions.

Reach Joe Duggan at 473-7239 or jduggan@journalstar.com.


$1 Sunday Delivery - Subscribe Today!
Local > Back to Top of Story

Post Your Comment

Standards and Rules
All posts to JournalStar.com are subject to our Terms and Standards.
Your posted comment will appear after it has been approved.
Frequently asked questions about story commenting.
(optional)
   
Hide Comments Hide Comments   Newest First Newest First  
Lynn wrote on April 21, 2007 12:07 pm:
" The jury showed good judgment.This was clearly a case of self-defense by real world standards. The problem is the defsne is to narely construed by state statue and case law where the slightest chance of avoiding the conflict is used to try and deny the defense. Florida and a couple others stats have recently passed legislation to clarify and expand what is considered properly defending yourself. I would like the see the legislature fall suit next year. Under the Florida statue, this case would probably have never went to trial. "

 Are you kidding? wrote on April 21, 2007 12:35 pm:
" First Pawnee County can't convict a confessed murderer, then the adjacent Richardson County can't convict an obvious murderer (if not at least manslaughter). What is going on in Southeast Nebraska? No wonder people are moving north to more civilized communites like Auburn and Nebraska City where common sense and values are present. Are you kidding me...a guy see's a fist fight down the street, decides its a good idea to go grab a gun, fires a warning shot then ends up killing someone, granted he killed a guy high on methamphetamine, but come on...The Richardson County Jury bascially said if you see a fist fight, run home, get your gun, come back and start shooting. I guess I shouldn't be too surpirsed as Richardson County also failed to indict a cop who "accidentally" killed a woman without provication. Is Richardson County going to start issuing "Human Being Handgun Hunting Permits?" "

 Arthur Lange wrote on April 21, 2007 4:58 pm:
" Sounds like the right decision was made. "

 Lindsay wrote on April 21, 2007 5:53 pm:
" I would like to know if Mr. Lockhard or his family thought of calling the police before confronting Mr. Nutile. It seems unclear if he did or not... "

 Rick M wrote on April 21, 2007 7:54 pm:
" I'm happy to see that Mr. Lockard is a free man. Nutile was a menace to society, and now he is no longer causing problems. I'm amazed at how many people go to prison for doing what Mr. Lockard did. Our society would be a much better place if we had more court decisions like this one.

GOOD JOB JURY, GOOD JOB!

The cops are pretty much "Hands tied" when it comes to certain situations where a criminal can lie his bottom off. The cops are pretty much useless in some scenerio's.

I am curious though as to why Mr. Lockard was not charged with discharging a firearm within the town limits, which I believe is a state law regardless of where you live. "


 N/A wrote on April 21, 2007 10:49 pm:
" As per the post by Are You Kidding. I have to agree with you. I was in a postion to hear to the case and i could not believe it either. I was for sure that they would come back with a guilty on manslaughter. I mean i am glad that I was not in the jury, because we would still be there. There was no way that I could have had my minded changed as to if he was guilty. In my opinion he was. "

 Chris wrote on April 22, 2007 8:01 am:
" The man placed self-defense. Some of you make it seem that the man just saw a fight, pulled a gun and started shooting. This is not the case. If you re-read the facts the dude who was murderously violent was attacking people like a beast. (surprise surprise high on meth) He did the world a favor and got rid of another walking zombie. I now a full grown adult grew up around drugs and the violence that comes with it. If any of you ever get to witness someone higher then hell on a rampage, look in there eyes... you'll see why this man had to do what he did. People on the drug meth kill the relationship with even themselves and warp into strangers, that they themselves do not even know. 9 out of 10 of you would have done the same thing this man did. The one who didn't do the same thing... you probably died. As for discharging a firearm in city limits, no need, case dropped. "

 Wonderful wrote on April 22, 2007 10:25 pm:
" Remember, this is the same county where the Rulo slayings occurred, Tenna Brandon and her friends were murdered, and a man married his 13 year old pregnant girlfriend. Just this past year a woman was shot to death by a policeman while she sat in her car with no weapon in her possession or attempt of assault by her. Now, it appears ok for someone to go into the neighbors yard with a loaded .40 caliber handgun during a fist fight and start blasting away at people. This county has some serious issues. Can we let this county go to Kansas or Missouri. I don't know how much longer the state of Nebraska can support this welfare county. "

 airedale wrote on April 23, 2007 12:42 am:
" A hung jury on a muder case in Pawnee county and now an aquittal on a murder case in Richardson County. Bruning's office was involved in both cases. It seems Bruning's office isn't doing to well lately in jury trials. "

 Frank Silbermann wrote on April 25, 2007 7:31 am:
" That prosecutor should be recalled and never again allowed to serve the public. It is obvious from the description that Lockhard did _not_ intend to provoke Nutile into an attack but rather to save an innocent from a beating. And regardless of the wisdom of a warning shot, any man who jumps a man with a gun is a threat to that man's life. In my opinion, Nutile got what he deserved, but compared to Nutile the prosecutor is the greater threat to decent society. "

 Dave Goin wrote on May 7, 2007 8:23 pm:
" It is heartwarming to see that someone who,instead of turning away from someone in need of help, decides to try and help at a large risk to himself is not punished for his actions. The entire responsibility for Mr. Nutile's death lies with that himself. It was his decision to attack Mr. Lockard that caused his demise not Mr. Lockards' decision to try and help a man receiving a savage beating. We all should be thankful that people like Mr. Lockard live in our communities because unfortunately there are far too many people like Mr. Nutile. "

Ads by Yahoo!